June 7/28/26, 1976 Mayor and Council
407
The meeting of Mayor and Council was held pursuant to the Charter at
City . Smyrna. Georgia, June 7. 1976. and called to order at 7:30 o'clock
P.M. Arthur Bacon. All Councilmen were present. Also present was
Gregg attending for Attorney Chuck Camp who was out of town. Willouise
Spivey. City Clerk. Lee Silver. Parks and Recreation Director. Jim David. Supt.
of Public Works, Don Atkinson. Fire Chief. Gene Roaster. Building Inspector.
J. S. Ross, of Ross & Associates and representatives of the press.
Invocation was given by Elbert Coalson. followed by the pledge to the Flag.
Joe Bland. representing the Smyrna Jaycees, requested approval for their
Bicentennial Parade. July 3. at 1:00 P.M. The parade will start at Grant City
parking lot, go north on South Cobb Drive to Cherokee, east on Cherokee to
Ward Street and end at Ward Park. Elbert Coalson made a motion the parade permit
be granted. Homer Kuhl seconded the motion and the vote was unanimous.
Mrs. Esta Cearfoss of 3595 Lee Street, Smyrna. Georgia. submitted a booklet on
the needs of young people in Smyrna and Cobb County to Lee Silver. Director of
Parks and Recreation. was given to Mayor and Council just before the
council meeting. Mrs. was attending the council meeting and Mayor
Bacon asked her to give council a chance to read and study the booklet before
discussion.
Bill Darby made a motion that Roger Everett Little be hired as the new Police
Chief. Homer Kuhl seconded the motion and the vote was unanimous.
Jerry Mills stated a Civil Service test had been given for Captain of the Fire
Department. The Board recommended Sherman O. Vaughn be promoted to the rank of
Captain. Jerry Mills made a motion that Sherman O. Vaughn be promoted to the
rank of Captain. Elbert Coalson seconded the motion and the vote was unanimous.
Homer Kuhl made a motion to hear the appeal of Recorder's Court. requested by
Mrs. Peggy E. in behalf of herself and her husband. on June 28. 1976.
C. O. Canada the motion and the vote was unanimous.
Commercial building permits were submitted by Building Inspector Gene Hoaster and
upon his recommendations the following action is recorded:
(1) Louise Hopper of Styles by Louise. 3485 South Cobb Drive. requested a permit
to build an addition onto the rear portion of the building. Mrs.
had previously submitted a to build the to the front of
This request was until the set back could be
Gene Hoaster recommended the addition to the rear the building be
The plans had also been approved by the Fire Marshall. Jerry Mills
made a motion the building permit be granted to build an addition onto the rear
of the existing building. C. O. Canada seconded the motion and the vote was
unanimous.
the
checked.
Willie W. Causey. 989 Oakview Drive. requested a 4' side yard variance in
to build a double carport 20 x 20. He had a letter from his neighbor.
Kembell at 979 Oakview Drive stating he had no objection to Mr. Causey
carport adjacent to his property line. C. O. Canada made a motion
ce be granted. Rem Bennett seconded the motion and the vote was
unanimous.
(3) H. C. Hilton of 1110 Dell Avenue requested a variance for a 4' chain-link
fence across his front and side yard. It was learned the fence was already up.
had been installed by Sears Roebuck Co., without a permit. The City Ordinance
states a chain-link fence cannot be erected in a front yard. Jerry Mills made
a motion this request be tabled until the July 19t11--meeting. Rem Bennett
seconded the motion and the vote was unanimous.
(4) Shell Oil ny located at the corner of Atlanta Street and Spring Road
requested a p r the station to self-service. The plans had
oved by the Fire Homer Kuhl ulade a motion the permit be
C. O. Canada seconded the motion and the vote was five to two. Jerry
Jim Tolleson voted against the motion.
Civil Defense Encoder and Decoder Systems were opened read and
as follows:
(Continuation of June 7~ 1976
Orlando. Florida
alarm
.00 ea.
B.
quantity. Siren Decoder. per specifications. including
antenna. al.l siren alert. al.l siren attack, all siren
cancel, all. siren test..............
quantity, Pocket type Decoder..............
$639.00 ea.
$251. 00 ea.
C.
D.
quantity.
antenna. . . .
for above. including
E.
$
.00 ea.
. Model. RRl.7B, Radio
light. all call plus
tone. 600 ohm audio output, remote
duty relay...... . . . . . .
$321. 00 ea.
1.
Bid: Receiver-Decoder-Tape
receiver decoder
E2LtEl-sp I Realistic
Exceptions: 2 piece unit
decoder:
Tone
combinations...........
827 recorder
$785.00
2.
:information to
supply voJ_tages
3.
receiver-decoders. quantity unknown. firm bidding
at best. List price one unit.........
Exception: No audio mounted in battery charger
$149.00
Decatur. Ga.
l. - Minitor Alert Monitor..........
with group call.. speaker-Ampl.ifier charger
$357.00
Atl.anta. Ga.
regrets that at
your needs.
time we do not have
that
and
to the Committee
unanimous.
study.
Jerry
a motion to request bids to instal.l two sirens. bids to be opened
council. meeting. Kuhl. seconded the motion and the was
bids to be opened
Jerry Hill.s
for two (2)
motion and the
were
computer
returned.
409
(Continuation of June 7. 1976
75 were returned to us as undeliverable and 47 blanks were cut from the paper,
filled out and delivered to us. According to the opinions received the number
one need was the widening of Atlanta Road. second was a beautification program.
and third a combination community center, gym and senior citizens facility.
Mr. Tolleson stated we would continue with the opinion poll and there woul<d be
council action.
Mayor Bacon stated a meeting was held with Mr. Moreland and Emory Parrish of
the State Department of Transportation concerning the widening of Atlanta Road
and they are to get back with us within three weeks with their recommendations.
Rem Bennett made a motion a four-way stop sign be erected at the intersection
of Glendale Place and Birch Street. Elbert Coalson seconded the motion and the
vote was unanimous.
Jim Tolleson gave a report from the water department. For the month of May.
6248 customers were billed. $105.063 was collected. 95 cutoffs. 66 disconnects
and 75 new connects. Mr. Tolleson stated he would make this report monthly.
Bill Darby stated he was glad to have the Police Chief and we had new patches
ror the police uniforms.
Jerry Mills made a motion we have a called meeting on
26, 1 , at 10 00 for the purpose of opening insurance
seconded the motion the vote was unanimous.
morning. June
Homer Kuhl
Jerry Mills reported the Employees Rules and Regulation Handbook had been checked
by the Communities Affairs Division or the State and was now in the hands of ARC
for printing. Should be ready w:ithin three or four weeks.
Mr. Mills asked all council" to go by Fire Station No.2.
made and it looks good.
All repairs have been
O. Canada commended David Granade ror the excellent job he did in renovating
'1 Swimming Pool. He is still working on Church Street Pool. Mr. Canada
Mayor Bacon write a letter of commendation to Mr. Granade and his
C.
J
r
staff.
Lee Silver reported tbeir Summer Program of '76 started today. Their 1975
ram served 188,000 people. Progress for the July 4th activities is
C. O. Canada made a motion that Lee Silver and Alvin Beaty coordinate their
efforts in watermelons for July 4th. the number not to exceed 500 melons.
Jerry Mills the motion and the vote was unanimous.
C. O. stated that traffic on Rosalyn Lane was heavy due to a ball field
being ilt in the pasture to the side of the street. He asked that Rosalyn
Lane be blocked ofr at the dead end. This was rererred to the street committee.
rt Coalson said several citizens had contacted him with reference to our
requiring weeds. grass. etc. being bagged. He stated the bags were
expensive and suggested the might these bags and sell them to the
citizens at cost. This was to street committee.
Homer Kuhl made a motion the minutes or May 3. 1976 be approved as submitted.
C. O. Canada seconded the motion and the vote was unanimous.
Homer Kuhl made a motion the minutes of May 17. 1976 be approved as submitted.
Jim Tolleson seconded the motion and the vote was unanimous.
C. O.
Jerry
da made a motion the minutes of May 22. 1976 be approved as submitted.
s seconded the motion and the vote was unanimous.
Homer Kuhl asked all council to buy only what is absolutely necessary as our
finances are short. He called a meeting for 9:00 A.M. Saturday morning to
f:inalize the budgets for final approval June 28. 1976.
(Continuation of June 7. 1976
One
asked what the deciding factors were in the police chief.
prior training and experience was the general answer.
A citizen asked city employees did not install the sirens. She was told we
did not have the needed equipment and much of the work was technical electrical
work.
Meeting admourned at 8:54 P.M.
************************************
The
June
T. Bacon
who
meeting of Mayor Council was held at City Hall
1976. The meeting was called to order by presiding
at 7:30 o'clock P.M. All councilmen were present except
of town. Also was Charles Camp. City Attorney
Lee Silver, of Parks and Recreation.
'Works. Bob Burchfield. Assistant.
. Police Chief. Gene Hoaster Building Inspector
Invocation was given by Councilman Homer Kuhl. followed by the
to the Flag.
No action under Citizens Reports.
hearing of the appeal
and Mr. Donald Kemp.
the charge crossing the
charge; also the other
Kemp. was the result of antagonism by
testified they did not get a chance to explain
what happened due to a statement from
against the Mayor. and the
Mayor Bacon the fact that Mr.
against Officer Stakley. Officer Stakley testified the
Mr. Kemp were and crossing a yellow
Mr. Kemp was conduct. The charge
an officer. C. T. Collins and S.
Earl Cobb testified that Mr. and Mrs. Kemp had just
dinner. and were on their way home. Also test
Johnny Wellborn. Police Clerk Barbara Dean.
Policeman West. Evidence was heard for
forty-five minutes. at which time Bacon called
made a motion. that to the heard. t.he
$185.00 tq . and the decision of
upheld. Bill parby seconded the motion
is to be refunded to Mrs. Peggy Kemp.
of
that
to the Judge
that they
had not
had filed
original
added
. Peggy
also
house.
City
J. L.
one
on
to increase
towers
and our
Agency
behind Belmont
After
. subject to
vote was unanimous.
d/b/a
tower in
to 24 hours
height
the tower up
. and he
made
approval.
owner
builders
by
zone
Bacon requested Gene Hoaster. Building Inspector.
with
411
(Continuation of June 28 1.976
to check out
Speer of his
vio1.ations and take action where necessary.
and action.
He is to advise Mrs.
A request to annex property at the
Lane. located in LL 276~ was made
this property be annexed into the
zoned by Cobb Homer Kuhl
This property is to a part
southwest corner of Pat Mel1 Road and Frank
Scott. Jerry Mi1.ls made a motion
the same zoning as is presently
seconded the motion and the vote was unanimous.
of Ward 6.
A request to rezone at 1.565 Roswe1l Street from F.C. to G.C. was made by
Otis C. Dobbins. owner Dobbins Feed and Seed Store. Mr. Dobbins was represented
by his son who stated they wished to build a 100' long metal (Butler) building
with a rock or brick front. as a new location for the Feed and Seed store. Mr.
Jim Barnes. Fred and F. M. Whitmore objected to the rezoning. Mr. Barnes
pointed out that to our Future Land Use map the property was marked
residential. Bob Burchfield stated an error evident1y had been made on the Future
Land Use map. as the Existing Zoning map shows this property as future commercial.
It was brought out that at the hearing of the Zoning and P1anning Board when this
rezoning was discussed, a majority of the property owners were present and approved
the rezoning. After discussion C. O. Canada made a motion the hearing be con-
tinued until the next council meeting when Mr. Dobbins cou1d submit a petition
by the home owners on Roswe11 Street. Jerry Mi11s seconded the motion and
vote was unanimous. At this point a former owner of this property, Harry
ented a letter showing this same property has been zoned general
in 1973. Jim Tolleson made a motion to rescind the former motion.
onded the motion and the vote was four to two. Rem Bennett and
gainst. The motion carried. Jim T01leson made a motion that
1565 Roswell Street be zoned general commercial, as recommended
and Zoning Board. and the building to be constructed would have a
front. C. O. Canada seconded the motion and the vote was three to
Mi1ls, Homer Kuhl and Rem Bennett voted against. C. O. Canada,
Jim T011.eson and Bi11 Darby voted for. The tie vote was broken by Mayor Bacon
who voted for the motion. Motion carried 4-3.
Robert Da1e, President of Quantum E1ectrica1 Contractors. Inc.. requested to rezone
property located at the corner of Elmwood Drive and Corn Road from R-20 to
Genera1 Commercial. There was no opposition to the rezoning. C. O. Canada made
a motion the property be rezoned from R-20 to General Commercial as recommended by
ng and Zoning Board. Jerry Mi11s seconded the motion and the vote was
Bids for three (3) new p01ice cars were opened. read and are recorded as follows:
John Frank1in
Carey Paul Ford
$4,831. 00 each
$4.821.15 each
$14,493.00
$14,463.45
Homer Kuhl made a motion the bids be turned over to the police committee with
authority to act on the low bid. Jerry Mills seconded the motion and the vote
was unanimous.
Hoaster. Bui1ding Inspector. presented requests for commercial building
p ts and upon his recommendation the following action is recorded:
is C. Dobbins requested a bui1ding permit to construct a building at 1565
Road. The p1ans had been checked and approved by the Fire Marshall and
11e recommended they be approved. Sufficient parking area wi11 be paved and curbed.
Homer Kuh1 made a motion the permit be granted. with the stipulation the store
front wou1d be of brick or stone. and that 10 feet wou1d be given for street
improvements. C. O. Canada seconded the motion and the vote was unanimous.
(2) David Kap1an. owner of Plantation Lighting. Jonquil Drive Extension, requested
a building permit for a 1ighting fixture manufacturing plant. The plans had
been checked and approved by the fire marshall. Mr. also requested a
variance of 10 feet in front in order to bui1d a 5 x 20 office area. C. o.
Canada made a motion the permit and variance be granted. with the stipu1ation that
2 deeded to the City for street improvements. Homer Kuhl seconded the
the vote was unanimous.
(3) John Dickson requested a
in the existing
by the fire marsha11.
Canada seconded the
to install interior partitions for a mini-ma1l
at 3316 South Cobb Drive. Plans hsd been approved
Bennett made a motion the permit be approved. C. O.
and the vote was unanimous.
(Continuation of June 28. 1976
Porter Campbell requested permit to build a storage building to the side
of his restaurant located at South Cobb Drive. Rem Bennett made a motion
the be granted. C. O. Canada seconded the motion and the vote was
(5) Audie Beshers of 2367 Ventura Road requested a s:i.de yard variance of three
in order to build a within 7 from the property line. A
letter from his adjoining property owner. Mr. James Askea. stated he had no ob-
jection to Mr. Beshers building within seven feet of his property line. Rem
Bennett made motion the variance be granted. C. O. Canada seconded the motion
and the vote unanimous.
(6)
Davis of 1249 Hayes
two feet from
owner stating
be granted. Bill
approval of a variance to allow an
line. She had a letter from her
had no Jerry Mills made a motion
seconded the motion and the vote was unanimous.
the
(7) Lowery requested a permit to install metal stud walls in a building
located at 969 Cherokee Road. for use as a dentist office. Jerry Mills made a
permit be granted. Jim Tolleson seconded the motion and the vote was
stated he had met with 35 or 40 gas company people and like to
the form of a motion. to pass an ordinance calling for a moratorium
stations until 1. 1977. Jim Tolleson seconded the motion.
Homer Kuhl stated this ordinance would be unconstitutional and
with the free enterprise system. He stated this would only create
for us and he thought it very wrong. and that the ordinance should not
Attorney Camp stated it could possibly bring suits against the City.
if a company already owned the property. Vote on the motion was four
Jerry Mills and Jim Tolleson voted for the motion. Homer Kuhl. Bill
. C. O. Canada and Rem Bennett voted against the motion.
Homer Kuhl read an ordinance on "No Drinking in City Parks." The ordinance is
as follows:
nnlawful for any person. firm or
of any City Park of the of Smyrna.
on said premises possess or consume thereon. or to any
ind~vidual within their organization or control to carryon said premises or
possess or consume thereon. any alcoholic malt or vinous beverage.
Violation of th~s ordinance shall be a misdemeanor
Recorders Court for the City of Smyrna. and. to the
therein imposed. a report of each convict~on shall be
the Director of the and Department of the C~ty of
have after all. facts and circumstances
. to of the of the Parks and
Recreat~on Department for a period not to exceed one year for each offense.
Homer Kuhl made a motion this ordinanoe be adopted.
motion and the vote was unanimous.
C. O. Canada seconded the
that on Group Insurance for City
He stated the was still
12. 1976 as the date the bid be awarded.
C. O. Canada made a motion to
for the following
$3. and kitchen equipment
and tha vote unanimous.
bids. to be opened at the next council
for King Springs Park: (1) Bleachers for
for $2,395. Homer Kuhl seconded the motion
C. O.
Was
requested approval. to surplus a front end loader.
sc.rap. 'He made a that we advertise for bidders.
the motion and the vote was unan~mous.
he stated
Mills
Jim
made a motion we change the. specification code of
to the fol1ow~ng:
water mains
413
(Continuation of June 28. 1976
Water Mains 6" PVC Water Pipe
FDR-21 200 PSI
Not to exceed six (6) inch
Water service Lines
3/4" shall be polyethylene (orangeburg) Hi. density
Ultra High Molecular Weight
5200-AF 3/4" Corporation stops
S060-AF Curb Stops
560S-AF Adaptors
The motion was seconded by Rem Bennett and the vote was unani.mous.
Jerry Mills stated he had had a request that a No-U-Turn sign be put up on Highway
41 at Spring Road. Jim David is to check into this.
Jerry Mills stated Smyrna had only $100 fire loss last month.
Jim Tolleson stated 6,278 water bills were mailed out last month in the amount
of $104.041.00. had 86 cutoffs, 66 disconnects. 80 new customers and $995.00
was collected on the new service connections as approved last month.
Homer Kuhl called a budget meeting for 5:30 P.M. on Wednesday.
C. O. Canada
Lane and a
Mayor Bacon
Jerry Mills
made a motion to put up dead-end signs at the entrance of Rosalyn
rail across the end of the street. Mr. Canada stated he and
met with the property owners and there was no existing right-of-way.
seconded the motion and the vote was unanimous.
Rem Bennett made a motion that 4-way stop signs be installed at the intersections
of Barbara Lane and Carolyn Drive. and at Lake Drive and Highview Drive. C. O.
Canada seconded the motion and the vote was unanimous.
Rem Bennett made a motion the yield sign at the intersection of LaVista Drive
and Pinehill Drive be replaced by a stop sign. After discussion. Jim Tolleson
seconded the motion and the vote was unanimous.
Bill stated he had an application for a detection device permit and needed
authority this body to have our legal council draft a resolution showing
our approval and desire to apply for the permit. This was put in the form of a
motion. Homer Kuhl seconded the motion and the vote was unanimous.
Homer Kuhl read a letter from Jones Intercable requesting a price increase to
subscribers. from $5.95 per month to $7.00. Mr. Kuhl stated that according to
the franchise with Jones Intercable. any price increase to the customers required
council apprOVal. in a certain number of . otherwise. the price increase
becomes automatic. He no action taken at this time. as he wanted
to study the franchise further.
Bennett Realty Company requested the annexation of 28 lots on Concord Road.
Homer Kuhl made a motion the property be annexed and become a part of Ward 7.
C. O. Canada seconded the motion and the vote was unanimous.
Lee Silver asked permission to close Ward Street from 11:00 P.M. until 12:00
P.M. on July 2nd. 3rd and 5th. 1976. during the fireworks display. Permission
was given.
Meeting adjourned at 11:30 P.M.
**************************
~ -r f6cu--
ARTHUR T. BACON, MAYOR
WILLOUISE C. SPIVEY, CITY
v
I;J~~ -:f j)~
WILLIAM F. DARBY, WARD 2'
f'-
. ) =W~
e;;. ~ HOMER KOHL, W 4 ----
C. O. CANADA, WARD 5~ ELBERT R. COALSON, WARD 6
~~4k
EM B. B NNETT, JR., WARD
'"
'-^"
u
u
414
of and Council was held Saturday morning, June 26.
Georgia, for the purpose of opening bids. All Council-
and Jim Tolleson. The meeting was called
at 9:00 A.M. Also present was Willouise Spivey,
Hall.
the bids would be opened. the committee would
decision would be made next Monday night.
Companies submitting bids
as follows:
Shield
Life
give one exact cost, and after discussion
Bill Darby made a motion the bids be referred
. to be brought back at the next
seconded the motion and the vote was unanimous.
$1.385
1.995.
as follows for the installation of sirens for
be referred to committee with authority to
seconded the motion and the vote was unanimous.
made a
low bid.
Meeting adjourned at 11 10 A.K.